What to Know About Uninsured Motorist Claims in Alabama
Uninsured or underinsured motorist coverage may provide compensation when the driver responsible for an accident has no liability insurance or lacks enough coverage to pay your losses. In Alabama, recovering benefits requires you to establish the other driver’s liability, document your damages, and show that an applicable automobile policy covers the claim.
At Whit A. Thomas, Attorney at Law, we help accident victims evaluate their available coverage, prepare claims, and address disputes with insurers. Located in Foley, Alabama, we serve clients throughout southern Alabama. Contact us today to schedule a free consultation and discuss your options.
How Does Uninsured Motorist Coverage Work in Alabama?
In Alabama, an uninsured motorist claim helps you seek benefits from an automobile insurer rather than relying solely on the at-fault driver for payment. To pursue compensation, you must notify the insurer, prove that an uninsured or underinsured driver caused the accident, document your damages, and meet the applicable claim requirements. Your ability to recover compensation will be subject to the available limits and valid coverage defenses.
Under Alabama Code § 32-7-23, automobile liability policies generally must include uninsured motorist (UM) coverage unless the named insured rejects it in writing. That rejection may remain in effect when the same insurer renews the policy, unless the insured later requests coverage in writing.
UM coverage may also apply to certain hit-and-run accidents and protect an injured passenger or household member. However, your eligibility will depend on the circumstances of the accident, the insurance contract, and your relationship to the policyholder.
Potential Compensation Available Through UM and UIM Coverage
A successful uninsured motorist (UM) or underinsured motorist (UIM) claim may provide compensation for bodily injuries and resulting losses up to the applicable coverage limits. Depending on the evidence and circumstances, recoverable damages may include medical expenses, lost income, reduced earning capacity, pain, permanent impairment, and anticipated medical care.
In a fatal accident, Alabama’s wrongful death law provides for punitive damages rather than compensatory damages. The treatment of those damages in a UM claim requires a separate legal analysis, and our Alabama personal injury lawyer can walk you through the steps for pursuing a claim.
UM coverage should not be confused with collision coverage, which generally pays for covered vehicle damage regardless of fault, and medical payments coverage may provide limited benefits for treatment expenses. Because several parts of an automobile policy may apply to a single collision, you and your attorney should evaluate each available coverage option.
Proving Liability, Damages, and Coverage
Filing a claim with your insurer does not automatically result in payment. Instead, you generally must prove that the uninsured or underinsured driver was legally responsible for the collision and that the accident caused your injuries and losses.
Relevant evidence may include the crash report, photographs, video recordings, witness statements, medical records, vehicle damage, and employment documents. A hit-and-run claim may require additional evidence connecting an unknown vehicle to the collision.
The insurer may dispute fault, the cause or severity of an injury, the amount of damages, or whether the policy covers the claimant. If this is the case, work with your attorney to organize the available evidence and develop strategies to address these issues during the claim process.
How to Combine Coverage from Multiple Vehicles
Alabama law may allow you to combine, or “stack,” UM coverage associated with multiple insured vehicles when pursuing compensation after an accident. Under a single insurance contract, recovery is generally limited to the primary coverage plus coverage for up to two additional vehicles.
Stacking is not available in every case. The answer may depend on the number of vehicles, how the policies were issued, and whether you qualify as an insured driver under each applicable contract.
Steps to Take Immediately After an Accident with an Uninsured Driver
If you have been involved in an accident with an uninsured or underinsured driver in Alabama, the steps you take after the accident can significantly impact your claim. At Whit A. Thomas, Attorney at Law, we recommend you take the following steps to support your claim and maximize your chances to pursue compensation:
Seek medical care promptly even if you feel fine. Some injuries may not show symptoms right away and could lead to long-term issues if left untreated.
Report the accident to law enforcement and obtain a copy of the police report for your records.
Gather detailed evidence, such as photographs of the vehicles, roadway, visible injuries, and the surrounding conditions. Obtain contact information from witnesses and preserve your medical bills, wage records, repair estimates, claim notices, and correspondence.
Notify your insurance company within the time required by the policy but avoid guessing about fault or describing an injury as minor before its effects are known. An insurer may request a recorded statement, medical authorization, or other documentation, all of which should be reviewed carefully.
Do not settle without first examining your UM policy. Notice and consent-to-settle provisions may protect your insurer’s ability to seek repayment from the party responsible. Disregarding those provisions could jeopardize your claim.
Deadlines for Filing Alabama UM and UIM Claims
Different deadlines may govern different claims arising from the same collision. Alabama generally provides two years to file a personal injury action against an at-fault driver. A direct UM or UIM claim against an insurer is contractual and is generally subject to a six-year limitations period beginning on the accident date, according to the Alabama Supreme Court’s 2024 decision in Ex parte State Farm Mutual Automobile Insurance Company.
Policy notice requirements may also affect your claim before the litigation deadline expires. Different rules can also apply to claims involving minors, government vehicles, or policies issued in another state. The applicable deadline should be determined from the particular facts rather than assumed from a general rule.
How Our Firm Can Help With an Uninsured Motorist Claim
At Whit A. Thomas, Attorney at Law, we will help you investigate the collision, determine which policies may apply, and review any written rejection of UM or UIM coverage. We can also help you document your injuries and financial losses, communicate with insurers, evaluate settlement proposals, and take the steps required to preserve potential UIM benefits while resolving the liability claim.
If an insurer disputes coverage or undervalues the claim, we will present the supporting facts and negotiate for a resolution based on the available evidence on your behalf. When the dispute cannot be resolved through the claims process, we are prepared to present your case in court.
Contact Our Experienced Uninsured Motorist Claims Attorney in Foley, Alabama
A serious accident can affect your health, income, transportation, and family responsibilities. At Whit A. Thomas, Attorney at Law, we will explain your options, help you understand the insurance issues involved, and pursue the compensation supported by your claim. If an uninsured or underinsured driver caused your injuries, contact us to schedule a free consultation.
Located in Foley, Alabama, we serve clients throughout Baldwin County, including Bay Minette, Daphne, Elberta, Fairhope, Foley, Gulf Shores, Orange Beach, Summerdale, Magnolia Springs, Bon Secour, Fort Morgan, Lillian, Silverhill, Loxley, Robertsdale, and Spanish Fort. We also represent clients in Escambia County, including Atmore and Brewton; Mobile County, including Citronelle, Eight Mile, Grand Bay, Irvington, Mobile, Prichard, Saraland, Satsuma, Semmes, Theodore, Tillmans Corner, and Wilmer; and Monroe County, including Monroeville.